TMI Blog1988 (6) TMI 16X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Income-tax Act, 1961 "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is justified in confirming the order passed by the Commissioner of Income-tax (Appeals) directing grant of registration to the firm for the assessment year 1977-78 ?" The relevant facts are that the assessee-firm filed an application in Form No. 11 on January 31, 1976, enclosing the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stributed in accordance with the terms of the partnership deed, and (ii) that inasmuch as the assessment has been completed under section 144, the firm is not entitled to registration. Against this order, the assessee filed an appeal. The Appellate Assistant Commissioner, in an elaborate order, accepted the explanation of the assessee and held that there was ample justification on the part of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on for refusing registration either under subsection (5) of section 185 or under clause (b) of sub-section (1) of section 185. In this view of the matter, it is unnecessary to go into the question whether sub-section (5) of section 185 applies only for cancellation of registration or applies equally for refusing the initial request for registration. Both the authorities have gone into the facts an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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